An employee who suffers a slip and fall has the right to file a workers’ compensation claim. But depending on the circumstances of the accident, they may also be able to pursue a personal injury claim against third parties. This may allow monetary damages on top of workers’ comp.

If you were hurt in a Southern Missouri slip and fall accident, you deserve to know the full breadth of your available legal options. Retaining a seasoned personal injury attorney will help. Find out how the Privette Law Office can assist you.

When a Third-Party Claim May Be Available

Workers’ compensation is a no-fault system that allows injured employees to file a claim for medical bills and other benefits, regardless of how the accident happened. You generally cannot sue your employer for your losses. But you may be able to file a lawsuit against others.

This is where third parties who may have caused your accident are relevant. A third-party claim arises when someone besides your employer can be held liable for your injuries. In the context of a Southern Missouri slip and fall accident, these third parties may include, among others:

• Property owners: Separate from anything your employer did, the property owner may have allowed an unsafe property condition (e.g. ice in a parking lot) to cause the slip and fall.
• Maintenance companies: Any company responsible for maintenance at your workplace which does unsafe work can also be held liable. For instance, a company may have cleaned the floor but failed to post a “Wet Floor” warning sign.
• Contractors: A contractor might have negligently done some work on the site that caused the victim’s slip and fall. For example, given the nature of the work area, perhaps the contractor installed the wrong kind of flooring.

How to Identify Third Parties at Multi-Employer Worksites

When multiple employers use the same work area, it can become more difficult to identify third parties who might be named as a defendant in a lawsuit. Fortunately, your Southern Missouri slip and fall accident attorney may have one of several ways to find these parties:

• Property records: Various property records can show who owned, occupied, and used the work site at various points. These documents, in turn, can lead your attorney to other important information.
• Construction records: If the work area in question was built in a manner that led to the slip and fall, construction records can help your lawyer identify the potential at-fault parties.
• Invoices and other payment records: Employers regularly pay third parties such as contractors and maintenance companies, and your lawyer can ask for copies of these records.
• Incident reports: If the same third party negligently caused another person’s injuries before, there is probably an incident report somewhere. These reports provide evidence as to the degree of the third party’s negligence.
• Insurance policies: Sometimes there are useful details in insurance policies. The type of coverage at the worksite may provide a clue as to whether third-party contractors or others played a role in the victim’s accident.

Your lawyer can obtain the above and other evidence by way of discovery. This is the formal request and exchange of relevant documents and information in a personal injury lawsuit.

Compensation That is Available in a Personal Injury Claim

Workers’ comp provides important financial support to injured employees, but it has limits. Under Missouri law, workers’ comp usually pays for:

• Medical expenses related to the workplace accident
• Partial income replacement (usually about two-thirds)
• Temporary or permanent disability

However, a personal injury claim allows a slip and fall accident victim to seek compensation for all of the losses they incur. These may include the following damages:

• The full value of your wages
• Future lost income-earning capacity
• Pain and suffering
• Emotional distress
• Decreased quality of life
• Punitive damages, if there is evidence of gross negligence or willful misconduct

Let Us Review Your Legal Options

After suffering a slip and fall, you should understand all available forms of compensation for which you may qualify. Talk to the Southern Missouri law firm of Privette Law Office. We can review your options and then get to work seeking the compensation you need to recover.